Disclaimer: This information is educational only and is not legal advice. Consult a licensed Wisconsin attorney for advice about your specific situation.

If you and other co-owners cannot agree on what to do with inherited real property, a court-ordered partition is a legal process that forces a division or sale of the property so each owner receives their share. In Wisconsin, partition actions are governed by the state’s partition statutes. See generally Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842.

What a partition action can do

The court can:

• Order partition in kind (physically divide the property) when feasible.
• Order a sale of the property and divide the net proceeds among owners when a fair physical division is impracticable.
• Appoint commissioners, a receiver, or other officials to manage appraisal, sale, and distribution, as provided under the partition statutes.

How to start a partition action in Wisconsin (step-by-step)

1. Confirm your interest and the property’s status. Determine how title is held (for inherited land that is not held with rights of survivorship, owners are often tenants in common). Gather the deed, will or probate documents, death certificate, tax bills, mortgage statements, and any recorded agreements among heirs.
2. Try negotiation and alternatives first. Courts expect parties to consider settlement, sale to a co-owner (buyout), mediation, or allocating use and income before filing. Mediation or a written buyout offer can avoid lengthy court costs.
3. Choose the proper county and prepare a complaint. File in the circuit court in the county where the property is located. The complaint should identify the property, list all owners and other people with recorded interests (mortgagees, lienholders, tenants), and ask the court to order partition under Wisconsin law (see Wis. Stat. ch. 842: https://docs.legis.wisconsin.gov/statutes/statutes/842).
4. File the complaint and pay the filing fee. The clerk of circuit court accepts the complaint. Fees vary by county and type of filing. The clerk will assign a case number and judge.
5. Serve all named defendants properly. Each co-owner and any recorded interest holder must receive notice (service of process) according to the Wisconsin Rules. If some heirs are out of state, unknown, or cannot be located, the court provides procedures for service by publication or appointment of a guardian ad litem for minors or incapacitated persons.
6. Initial court response and discovery. Defendants may answer, admit, or contest the complaint. The parties may exchange documents, inspect the property, and obtain appraisals. The court may schedule status conferences and set deadlines.
7. Request partition type and appointment of commissioners. If you seek partition in kind, ask the court to divide the land physically. If the court determines a fair division is impractical, it will order a sale. The court can appoint commissioners to survey and recommend a division or to manage the sale and distribution of proceeds under the statutes.
8. Sale or division and distribution. If sold, the court supervises the sale (often at public auction or through an order allowing a private sale) and directs how sale costs, mortgages, liens, and taxes are paid and how net proceeds are divided among owners.
9. Appeals and enforcement. Parties may appeal trial court orders within statutory deadlines. The court enforces orders through writs, receivers, or other remedies if needed.

Practical considerations and likely timeline

Timelines vary. A straightforward, uncontested partition may complete in a few months. Contested partitions with complex title, liens, or disputes over division or value commonly take a year or longer. Expect court costs, appraisal fees, commissioner fees, and attorneys’ fees (fees are case-dependent; parties often pay their own unless the court orders otherwise).

Who must be named in the case

• All current record owners of the property.
• Anyone with a recorded interest (mortgagees, judgment lienholders, easement holders).
• Potential heirs or persons having unrecorded claims may need notice depending on the circumstances; the court can order further notice if needed.

Special situations to watch for

• If the property has a mortgage, the mortgage holder will be a necessary party; sale proceeds will typically pay secured debt first.
• If minors or incapacitated persons have an interest, a guardian or guardian ad litem may represent their interests in court.
• If title is unclear, a quiet title or other title action may be needed alongside or before partition.
• Co-owner improvements, rents, and expenses may affect distribution—document payments and contributions carefully.

When to hire an attorney

Consider hiring a Wisconsin real property attorney if:

• The ownership chain or title is unclear.
• There are mortgages, tax liens, or other encumbrances.
• Some owners are unreachable, refuse service, or refuse to cooperate.
• Valuation disputes, claims for reimbursement for improvements, or family conflict make settlement unlikely.

Helpful Hints

• Collect key documents before filing: deed, death certificate(s), probate paperwork, mortgage statements, tax bills, insurance policies, and any written agreements among heirs.
• Get a recent title search and at least one professional appraisal to support fair-value positions in court.
• Consider mediation before filing; courts often view settlement efforts favorably and mediation can save time and money.
• Keep thorough records of who pays taxes, insurance, utilities, and maintenance. The court may order reimbursement or adjustment of proceeds for these items.
• Preserve the property’s condition and insurance coverage while the case proceeds. If necessary, ask the court for a receiver or temporary orders to protect the asset.
• Be realistic about costs: legal fees, survey/appraisal/commissioner fees, and court costs reduce net proceeds on sale.
• If you plan a buyout offer, put it in writing with clear payment terms and a deadline—courts look favorably on honest settlement attempts.
• Check the Wisconsin statutes on partition for detailed statutory procedures: Wis. Stat. ch. 842.